Dauphin Island Gathering Partners
First Revised Volume No. 1
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Effective Date: 01/20/2005, Docket: RP05-131-000, Status: Effective
First Revised Sheet No. 76 First Revised Sheet No. 76 : Effective
Superseding: Original Sheet No. 76
(i) A copy of Shipper's audited financial statement for
the most recent twelve months or Annual Report and
Form 10-K; or if not available,
(ii) A copy of Shipper's most recent audited financial
statement certified by the Chief Financial Officer or
Chief Accounting Officer of the Shipper (which
certificate shall state that such financial statement
fairly represents the financial condition and results
of operations of the Shipper for the period indicated
therein) prepared in accordance with generally
accepted accounting principles; and in all cases,
(iii) A list of Shipper's affiliates, including parent and
subsidiaries, if applicable.
(b) In the event Shipper cannot provide the information in
Subsection 6.3(a) above, Shipper shall, if applicable,
provide that information for its parent company.
Transporter shall not be required to perform or to continue
service under Rate Schedule FT-1 (DI) on behalf of any
Shipper who is or has become insolvent or who, at
Transporter's request, fails within a reasonable period to
demonstrate credit worthiness; provided, however, such
Shipper may receive service under Rate Schedule FT-1 (DI)
if Shipper prepays for such service or furnishes good and
sufficient security, as determined by Transporter in its
reasonable discretion, in an amount equal to the cost of
performing the service requested by Shipper for a three
month period. For purposes herein, the insolvency of a
Shipper shall be conclusively demonstrated by the filing by
Shipper or any parent entity thereof (hereinafter
collectively referred to in this Subsection 6.3(b) as "the
Shipper") of a voluntary petition in bankruptcy or the
entry of a decree or order by a court having jurisdiction
in the premises adjudging the Shipper bankrupt or
insolvent, or approving, as properly filed, a petition
seeking reorganization, arrangement, adjustment or
composition of or in respect of the Shipper under the
Federal Bankruptcy Code or any other applicable federal or
state law, or appointing a receiver, liquidator, assignee,
trustee, sequestrator (or other similar official) of the
Shipper or of any substantial part of its property, or the
ordering of the winding-up or liquidation of its affairs,
with said order or decree continuing unstayed and in effect
for a period of sixty (60) consecutive days.